Organization for Security and Co-operation in Europe

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1 Organization for Security and Co-operation in Europe Department of Human Rights, Decentralization and Communities HUMANITARIAN MINORITY BUS TRANSPORTATION IN KOSOVO AFTER TRANSFER TO PISG FINDINGS OF A MONITORING EXERCISE REPORT No. 2 JANUARY - MARCH 2007

2 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY BACKGROUND METHODOLOGY SERVICE QUALITY Service necessity and importance Condition of vehicles Communications system Drivers professionalism and politenes Bus accessibility, stops and signage Punctuality Affordability Complaints and suggestions of beneficiaries Passenger flow, service availability and frequency ROUTE SELECTION PROCESS New requests and requests for expanded services New and potential requests for transportation from return sites SECURITY ISSUES MUNICIPAL COMMUNITIES SAFETY COUNCILS, LOCAL PUBLIC SAFETY COMMITTEES AND HUMANITARIAN TRANSPORTATION RECOMMENDATIONS ANNEX ANNEX HRDC, Communities Division 2

3 1. Executive Summary On 1 January 2007, the Provisional Institutions of Self-Government (PISG), and in particular the Ministry of Transport and Communications (MoTC) and the Ministry of Communities and Returns (MCR), took over the responsibility for the humanitarian and special transportation services for minority communities in Kosovo. The OSCE Mission in Kosovo has been monitoring the humanitarian bus transportation since November 2006 and after its transfer to the PISG in January This report focuses on the period from January to March 2007 and observes that the PISG is ensuring the continuity of this service. The humanitarian bus service continues to be of crucial importance. It ensures increased freedom of movement of Kosovo s minority communities. It provides these communities with access to vital institutions and services, with the opportunity to practice and express their religious and cultural identities, and to maintain ties with places of origin and dispersed family members. The unhindered continuation and even expansion of this service is part of the PISG obligation to create a safe and secure environment in which persons belonging to minority communities enjoy freedom of movement. Having this in mind, it is important that the PISG ensure the continuity of this service even beyond 2007 by securing adequate financial means and by creating functioning institutions that guarantee the self-sustainable and durable operation of this service. This also includes development of adequate mechanisms for minority protection, service monitoring, and bus route and timetable selection. All these elements are envisaged by the Operational Arrangement for the Transfer of Responsibilities signed by the PISG and the United Nations Interim Administration Mission in Kosovo (UNMIK). The report finds that along the routes 1 monitored by the OSCE, the humanitarian bus service functions relatively well and passengers are generally satisfied with its quality. Although in some cases there is an insufficient number of seats and the buses are overcrowded, the majority of the beneficiaries have access to the service on a regular basis. The insufficient number of seats on some routes shows that there is an increased demand for the service. In order to ensure adequate service, extra buses should be provided on specific routes and during holidays. At the same time, in the longer term, the PISG may consider the gradual replacement and even expansion of the current old bus fleet. Furthermore, with the growing number of returnees there is a demand for additional transportation from return sites. This report identifies a number of such sites whose inhabitants need or may need to have access to humanitarian bus transportation. It is advisable that such actual and potential demand is taken into consideration when reviewing existing routes and timetables, and assessing the creation of new routes. Some passengers feel safe using the humanitarian bus service. Although no major incidents occurred during the reporting period, other passengers have expressed security concerns due to stoning incidents and verbal harassment and would prefer the buses to be escorted. The modification of specific routes and timetables and the increased assistance of law enforcement agencies in particular locations may improve both the actual security situation and passengers safety perceptions. 1 Routes 1,3,4,6,7,8,9,10,11,12,13,14, and 17. See Table 1. HRDC, Communities Division 3

4 Passengers appear satisfied with the quality of the service provided but continue to express lack of confidence in the ability of the PISG to guarantee a safe and secure environment on transportation routes. To overcome such perceptions the PISG may consider undertaking promotional measures such as: providing and displaying more information material regarding the humanitarian transportation service and the new role and responsibilities of the PISG; regularly interviewing passengers and assessing their needs and security concerns; and conducting outreach activities to assist the creation of a growing sense of confidence amongst passengers. HRDC, Communities Division 4

5 2. Background On 31 August 2006, UNMIK and the PISG signed an Operational Arrangement for the Transfer of Responsibilities for Humanitarian and Special Transportation Services for Minority Communities in Kosovo (Arrangement). As of 1 January 2007, the PISG and in particular the MoTC 2 and the MCR, 3 took over the responsibility for the above-mentioned services from the UNMIK Department of Civil Administration (DCA). In accordance with Priority No. 4 of the European Partnership Action Plan (EPAP), the PISG have committed to create a climate of inter-ethnic tolerance ( ) which is conducive to returns and (e)nsure the respect, security, freedom of movement and participation of all communities. 4 The humanitarian transportation programme is part of the PISG endeavour to ensure that: all people in Kosovo are able to travel, work, and live in safety and without threat or fear of attack, harassment or intimidation, regardless of their background. They are able to use their language freely anywhere in Kosovo, including in public places, and enjoy unimpeded access to places of employment, markets, public and social services, and utilities (Standards for Kosovo, Standard No. 3). Its implementation may contribute to the creation of the necessary conditions for the effective participation of persons belonging to minority communities in cultural, social and economic life and in public affairs, as required by Article 15 of the Council of Europe s Framework Convention for the Protection of National Minorities (FCNM). 5 UNMIK Regulation No. 2001/9 On a Constitutional Framework for Provisional Self- Government in Kosovo (Constitutional Framework) recognises the right of members belonging to communities (Communities) to (e)njoy equal opportunity with respect to employment in public bodies at all levels, with respect to access to public services at all levels and to (e)njoy unhindered contacts among themselves and with members of their respective Communities within and outside of Kosovo. 6 With this in mind, in May 2006, through its Recommendations Updating Return Policies and Procedures, the PISG Office of the Prime Minister (OPM) had recognised that freedom of movement is a factor for displaced persons returning to Kosovo and for minority communities in particular and had specifically committed to ensure that ( ) the PISG will adopt protection 2 Under Annex VIII, paragraph (x) of UNMIK Regulation No. 2001/9 On the Executive Branch of the Provisional Institutions of Self-Government in Kosovo, the MoTC is, inter alia, responsible to support the provision of humanitarian and other special services in the sector of road transport of persons and goods. 3 Pursuant to Annex XII, paragraph (vi), of UNMIK Regulation No. 2005/15 amending UNMIK Regulation No. 2001/19 On the Executive Branch of the Provisional Institutions of Self-Government in Kosovo, the MCR is responsible to ensure that policy at central and municipal level includes provisions for the protection of community rights, human rights and the interests of returnees, including in the areas of freedom of movement, use of languages, freedom of expression, fair representation, education, employment, and equitable access to justice, housing, and public utilities and services. 4 Kosovo Action Plan for the Implementation of European Partnership 2006, p. 19, Priority 4, UNMIK Office of European Integration and PISG Office of the Prime Minister, August The FCNM was opened for signature on 1 February 1995 and entered into force on 1 February Pursuant to chapter 3.2 of the Constitutional Framework, the FCNM is applicable in Kosovo and PISG are obliged to observe and ensure the rights and fundamental freedoms recognized by the FCNM. 6 Constitutional Framework, Chapter 4.4, letters (d) and (e). HRDC, Communities Division 5

6 mechanisms to facilitate the transfer of the freedom of movement train and the humanitarian bus lines from UNMIK and to finalise the transfer of minority transport competencies by September On 14 August 2006, in a letter 8 to the MoTC and to the UNMIK Office of Communities, Returns and Minority Issues (OCRM), the OSCE emphasized that freedom of movement in general and the safe and secure transportation of members of minority communities in particular play a key role in safe-guarding the rights of Kosovo s residents. As part of its mandate to ensure the protection and participation of communities through local and central government, the OSCE also agreed to lend its assistance in the course of ( ) monitoring the (Arrangement s) implementation. As a result, the Arrangement provides that [t]he OSCE shall have unhindered access to minority transportation services and their beneficiaries, for the purposes of close monitoring, of following up on any reported incidents, and of preparing reports to the PISG, the Special Representative of the Secretary General (SRSG), and other members of the International Community, as appropriate, on the fulfilment of the terms of this Arrangement (Article 6.2). Humanitarian and special transportation services for minority communities in Kosovo transferred to the PISG include: 9 the humanitarian bus transportation service; 10 other special transportation services, namely the freedom of movement train; 11 and the bus transport service for Kosovo civil servants. 12 The OSCE monitors the humanitarian bus transportation service. This is operated along seventeen 13 routes (Annex 1) based on a General Long Term Agreement 14 between the MoTC and the service provider, Kolasin Prevoz. This service was established in It was initially under the responsibility of the United Nations High Commissioner for Refugees (UNHCR). It was then transferred to UNMIK DCA on 1 July 2001 and, finally, to the PISG as of 1 January Transportation services were managed by the Danish Refugee Council (DRC), and then by the local transport consortium Kolasin Prevoz since 1 September With (t)he aim ( ) to guarantee the right of freedom of movement for all communities throughout Kosovo, as enshrined in international law, the humanitarian bus service intends to ensure ( ) the provision of an essential service to larger concentrations of non-albanian, as well as a limited number of Albanian ethnic populations, thereby responding substantially to the 7 OPM Recommendations Updating Return Policies and Procedures, Section 3, letter (b). 8 Letter of the OSCE Head of Mission to the Director of UNMIK OCRM, and to the Permanent Secretary of the MoTC. 9 Arrangement, Article 2.1, Transfer of Operational Functions. 10 Arrangement, Article 2.1(a) and Annex I. 11 Arrangement, Annex II. This service is managed by Kosovo Railways (previously UNMIK Railways). 12 Arrangement, Annexes III and IV. This service is managed by two operators: Merkatori Gjilan/Gnjilane and Travel Agency As this reports documents, one of the seventeen routes transferred to the PISG is not operational since August Arrangement, Annex I. HRDC, Communities Division 6

7 need for freedom of movement for all. 15 It caters for a monthly average of up to 30,000 passengers. Over the years, an increased demand for this service has been recorded, especially during summer months and school holidays. The Arrangement includes provisions on the transfer of operational functions, minority protection, bus and timetable selection methodology, the creation of a Transport Advisory Committee (TAC), and monitoring. Under the Arrangement, the MoTC and MCR shall put in place the route and timetable selection methodology according to which any changes to the current routes and timetables shall be made subject to the approval of the TAC Methodology As reflected in the report Humanitarian Minority Bus Transportation in Kosovo Prior to Transfer to PISG. Findings of a Pilot Monitoring Exercise, in November and December 2006, the OSCE has monitored humanitarian bus transportation along three 17 of the seventeen routes (Annex 1) that compose this service. After the transfer to the PISG, from January to March 2007, the OSCE Municipal Teams (MTs) have monitored the operation of thirteen additional humanitarian bus routes (Table 1). Table 1: Routes monitored by OSCE MTs during the period from January to March 2007 Itinerary Route 1 Miloševo/Milloshevë (OB) - Gračanica/Graçanicë (PR) - Miloševo/Milloshevë (OB) 3 Miloševo/Milloshevë (PR) - Gate 3 - Miloševo/Milloshevë (PR) 4 Velika Hoča/ Hoçë e Madhe (RH) - Gračanica/Graçanicë (PR) - Velika Hoča/ Hoçë e Madhe (RH) 6* Leposavić/Leposaviq (LE) - Mitrovicë/Mitrovica South (MI) - Leposavić/Leposaviq (LE) 7 Vidanje/Videjë (KL) - Klinë/Klina (KL) - Drsnik/Dresnik (KL) - Grabac/Grabc (KL) - Bica/Binxhë (KL) - Zvečan/Zveçan (ZV) Klinë/Klina - Drsnik/Dresnik (KL)- Grabac/Grabc (KL) - Biča/Binxhë (KL) - Vidanje/Videjë (KL) 8 Osojane/Osojan (IS) - Zvečan/Zveçan (ZV) - Osojane/Osojan (IS) 9 Velika Hoča/ Hoçë e Madhe (RH) Rahovec/Orahovac (RH) - Zvečan/Zveçan (ZV) - Rahovec/Orahovac (RH) - Velika Hoča/ Hoçë e Madhe (RH) 10 Babljak/Bablak (UR) - Gračanica/Graçanicë (PR) - Babljak/Bablak (UR) 15 Arrangement, Annex I, Terms of Reference, page Pursuant to Article 5.1 of the Arrangement: The Transport Advisory Committee (TAC) is formed to advise and monitor minority and humanitarian transport. The TAC consists of senior representatives from the MoTC, MCR, OSCE, UNMIK or its successor institutions and the Kosovo Ombudsperson Institution (as an observer). The Chair of the TAC shall be the Permanent Secretary of the MoTC. 17 Route 1: Miloševo/Milloshevë (OB) - Gračanica/Graçanicë (PR) - Miloševo/Milloshevë (OB); Route 5: Grace/Gracë (VU) - Mitrovicë/Mitrovica North (MI) - Grace/Gracë (VU); and Route 8: Osojane/Osojan (IS) - Zvečan/Zveçan (ZV) - Osojane/Osojan (IS). The abbreviations in brackets identify the municipalities in which these villages are located as follows: (OB) Obiliq/Obilić; (PR) Prishtinë/Priština; (VU) Vushtrri/Vučitrn; (ZV) Zvečan/Zveçan; (IS) Istog/Istok. HRDC, Communities Division 7

8 11 (Gjilan/Gnjilane A) or Gjilan/Gnjilane (GN) - Poneš/Ponesh (GN) - Koretište/Koretishtë (GN) - Stanišor/Stanishor (GN) - Gornje Kusce/Kufcë e Epërme (GN)- Kmetovce/Kmetoc (GN) - Šilovo/Shillovë (GN) Gjilan/Gnjilane (GN) (Gjilan/Gnjilane B) or Gjilan/Gnjilane (GN) - Donja Budriga/Budrikë e Poshtme (GN) - Pasjane/Pasjan (GN) - Donja Budriga/Budrikë e Poshtme (GN) - Parteš/Partesh (GN) Cernica/Cernicë (GN) - Gjilan/Gnjilane (GN) Gornji Livoc/Livoç i Epërm (GN) - Gjilan/Gnjilane (GN) (Gjilan/Gnjilane C) or Gjilan/Gnjilane (GN) Stanišor/Stanishor (GN) - Gornji Makreš/Makresh i Epërm (GN) - Trnjičevce/Tërniqec (NB) - Culjkovce - Bostane/Bostan (NB) - Izvor/Izvor (NB) - Prekovce/Prekoc (NB) - Zebince/Zebincë (NB) - Straža/Strazhë (GN) Kosmata - Stanišor/Stanishor (GN) - Gjilan/Gnjilane (GN) - Paralovo/Parallovë (GN) - Gjilan/Gnjilane (GN) - Stanišor/Stanishor (GN) - Kosmata - Straža/Strazhë (GN) - Zebince/Zebincë (NB) - Prekovce/Prekoc (NB) - Izvor/Izvor (NB) - Bostane/Bostan (NB) - Čuljkovc - Trnjičevce/Tërniqec (NB) - Gornji Makreš/Makresh i Epërm (GN) Stanišor/Stanishor (GN) - Gjilan/Gnjilane (GN) - Paralovo/Parallovë (GN) - Gjilan/Gnjilane (GN) (Gjilan/Gnjilane D) or Gjilan/Gnjilane (GN) Stanišor/Stanishor (GN) - Gornji Makreš/Makresh i Epërme (GN) - Trnicevce/Tërniqec (NB) Čuljkovce - Novo Brdo/Novobërdë (NB) - Bostane/Bostan (NB) - Izvor/Izvor (NB) - Prekovce/Prekoc (NB) - Gračanica/Graçanicë (PR) - Prekovce/Prekoc (NB) - Izvor/Izvor (NB) - Bostane/Bostan (NB) - Novo Brdo/Novobërdë (NB) Čuljkovc - Trnjičevce/Tërniqec (NB) - Gornji Makreš/Makresh i Epërm (GN) - Stanišor/Stanishor (GN) - Gjilan/Gnjilane (GN) 17 (Gjilan/Gnjilane G) or Klokot/Kllokot (VI) - Parteš/Partesh (GN) - Gjilan/Gnjilane (GN) - Mitrovicë/Mitrovica (MI) - Gjilan/Gnjilane (GN) - Parteš/Partesh (GN) - Klokot/Kllokot (VI) Legend: *Suspended since August The OSCE MTs collected information through interviews conducted on the buses during the scheduled journeys as well as through interviews at departure or arrival points along the bus routes. The MTs interviewed passengers, bus drivers, and representatives of minority communities regarding the availability, accessibility, quality and security of the minority transportation services. The Municipal Community Offices (MCOs) and Municipal Returns Officers (MROs) and other stakeholders were also approached particularly to discuss the potential need for expanding humanitarian transportation services. There was no active monitoring involving the MTs in the collection of security related information with a possible impact on freedom of movement. However, verified security related data has been provided by the OSCE Police Service Monitoring Section (PSMS). The OSCE PSMS and MTs also provided information regarding the inclusion of minority transport on the agenda of Local Public Safety Committees (LPSCs), and Municipal Communities Safety Councils (MCSCs), respectively. 18 This report presents the OSCE s findings with reference to service quality, route selection process, and security issues. It concludes with a set of specific recommendations referring to condition of vehicles; communications system; complaints and suggestions of beneficiaries; 18 Pursuant to section 7 of UNMIK Regulation No. 2005/54 On the Framework and Guiding Principles of the Kosovo Police Service, MCSCs and LPSCs are consultation mechanisms in which residents, local institutions and law enforcement agencies can "discuss any matters relating to policing, public safety and order" at the municipality and village/locality levels respectively. HRDC, Communities Division 8

9 passenger flow, service availability and frequency; routes selection process, security issues, and public safety committees. 4. Service quality Pursuant to Article 2.4 of the Arrangement, the MoTC is responsible to ensure that the bus fleet donated by UNMIK is used exclusively for the humanitarian transportation project until 31 December 2007 in order for members of minority communities or other vulnerable groups to have unrestricted movement and access to social and economic opportunities including, but not limited to, their place of work, schools, places of worship, and shopping. To guarantee that minority transportation services operate without interruption, the MoTC has the obligation to ensure that the service provider establishes adequate maintenance for the bus fleet, vehicles and mechanical equipment to oversee that vehicles and equipment are maintained in good working order (Art. 2.5). In addition, the MoTC is required to ensure that the service provider recruit and train staff that is operationally efficient and professional, and is representative of the diversity of the Kosovo population as well as its gender and gender composition (Art. 3.4) Further, the MoTC has the obligation to make sure that radio communication equipment is installed and functioning on humanitarian buses. This also includes ensuring the issuance of new radio frequencies through the Telecommunications Regulatory Agency (TRA), established pursuant to the Assembly of Kosovo (AoK) Law No. 2002/7 on Telecommunications, as promulgated by UNMIK Regulation No. 2003/ Service necessity and importance Interviewed passengers use the bus service for accessing schools, the university in Mitrovicë/Mitrovica North, hospitals, shops, the post office, and other basic services and institutions. They expressed satisfaction with the available humanitarian transport. However, some passengers assess the bus frequency as insufficient (Route 14). The service not only remains essential but needs to be expanded since for some members of minority communities it represents the only means for transportation. Even those beneficiaries who feel unsafe use the service as there are no other transport options. 4.2 Condition of vehicles As the transport provider confirmed, 19 the bus fleet transferred from UNMIK to the PISG is composed of 22 operational vehicles 20 on which the MoTC has duly installed Kosovo plates and removed the UNMIK logo as of January Due to their deterioration, other transferred vehicles were used during the period of UNMIK management only for spare parts. To guarantee 19 Discussion with the OSCE on 27 February In Particular, the operational bus fleet is composed of seaters buses, one 42-seater bus and two 19-seater mini buses. HRDC, Communities Division 9

10 the safety of passengers, it is important that the PISG ensure that such vehicles are not used for transportation purposes in future. The operational bus fleet is considerably old, with seventeen vehicles produced in 1984 and 1985 (22 to 23-year old), two vehicles produced in 1992 (15-year old) and one vehicle produced in 1998 (9-year old). Only two 19-seat minibuses are relatively new as they were produced in Although the transport provider is careful in ensuring regular maintenance and breakdowns on the road are rare, the average age of buses has an impact on the quality of the service and may have transport safety implications if the oldest vehicles are not gradually replaced in the near future. Still the prevailing observation is that on most of the assessed routes buses are old but still in satisfactory condition, relatively clean and reasonably comfortable and do not break down often. 21 On some routes buses appear particularly old. 22 Despite this fact, on most routes buses are subject to a relatively low number of mechanical breakdowns. 23 Generally, passengers suggested that buses should be cleaner. 24 In general, all old buses have no air-conditioning. 25 With few exceptions, buses have a functional heating system. 26 Breakdowns do not occur very often according to bus drivers. On all monitored routes, the quick-response mechanical teams respond to breakdowns within and average of 15 to 30 minutes. 27 There are two mobile mechanical teams, one in Gjilan/Gnjilane and one in Laplje Selo/Llapllasellë, near Prishtinë/Priština. In case of breakdown, bus drivers can contact them by radio to get assistance. Moreover, there are two spare buses to replace those that are broken. They reach the breakdown points within approximately 20 minutes and take the passengers when the original bus cannot be repaired in a reasonable time. On Routes 14 and 12, mechanics from Gjilan/Gnjilane normally reach the spot within 30 minutes. If major repairs are necessary, the bus is taken to the garage in Laplje Selo/Llapllasellë. When it is impossible to move the bus, the mechanical team from Laplje Selo/Llapllasellë repairs it on the spot. On Route 13, the bus is also used for trips to other destinations such as Gračanica/Graçanicë and Mitrovicë/Mitrovica. According to the bus driver, during the reported period there was just one case when the bus had a flat tire in Vushtrri/Vučitrn, on the way back from Mitrovicë/Mitrovica. The quick-response team arrived at the spot in 15 minutes and 21 Routes 11, 14, 8, 12, and The bus which the OSCE MT assessed appeared more than 30 years old and was not very clean. 23 Contradictory information has been obtained only regarding Route 13, where one driver stated that the bus is breaking down quite often. 24 While on Route 17 buses are reportedly sufficiently clean with the exception of dirty windows, on Routes 3, 9 and 4 passengers complain that buses are dusty, untidy and not sufficiently clean. 25 The two 19-seat mini buses produced in 2005 are the only exception. 26 However, on Route 1 there is no proper heating system in the bus, and both passengers and service staff complain that during the winter the temperature inside the vehicle is very low. On the other hand, during warmer months of the year there is no proper air-conditioning system and it is impossible to open the windows because they are protected by an external plexiglas layer, which seals them against stoning. Furthermore, the bus is reportedly dusty. Route 17 is the other exception with not fully functional heating system. 27 Only on Route 7, depending on the location, the response time may be longer - between one and two hours. HRDC, Communities Division 10

11 replaced the tire very quickly. According to another driver, the bus breaks down quite often because it is old. On all the routes monitored, buses are assessed as suitable for driving in all weather conditions. They are equipped with tire chains, appropriate tires for winter season and other winter equipment. 4.3 Communications system According to the MTs assessment, the communication equipment operating on the buses is functioning and reliable on most routes. 28 There are two types of communication methods available: the radio set and mobile phones. Radio coverage depends on geographical characteristics of the route, but mobile communication is allegedly reliable. However, there are parts of route 13, which the driver identifies as shadow areas for radio signal, and where the mobile signal is also missing. 29 Despite generally positive perceptions of users and drivers, the OSCE is concerned that there is no radio communication system installed in some of the buses and, that radio equipment which is installed is not fully functional and used by the drivers. 30 The OSCE notes that the PISG and the service provider continue to use the radio frequencies provided by the UNHCR. While this system is still operational, and the UNCHR has ensured the reprogramming of radio equipment, this arrangement is temporary. The PISG retain the responsibility to ensure the issuance of new frequencies. In particular, pursuant to the Arrangement, the MoTC is responsible to install radio communications equipment in the vehicles (Art. 2.3). This also includes ensuring the issuance of new radio frequencies. The MoTC can do this by duly submitting a request to the TRA, which, pursuant to the AoK Law on Telecommunications, is the sole authority responsible to issue a licence or authorisation to operate such frequencies in Kosovo. The effective operation of such radio system is integral to the safety and security of humanitarian transportation. 4.4 Drivers professionalism and politeness As part of the Recommendations Updating Return Policies and Procedures, the MoTC is expected to adopt a non-discriminatory code of conduct for all bus drivers and service staff (Section 3,(b)). The OSCE notes that on 29 January 2007, the Permanent Secretary of the MoTC, during a meeting with the members of the TAC, decided to establish a ministerial working group to draft such code of conduct in the form of an Administrative Instruction (AI). The working 28 Routes 11, 12, 13, 14, and Reportedly radio coverage is limited to an area of approximately five kilometres (wider coverage is only available while the bus is in the higher, mountainous areas). 30 For instance, there is no radio communication system in the buses used along Route 1. It was in place before, but after the transfer to the PISG, the staff does no longer utilise the radio communication system. The bus drivers have mobile telephones supplied by the transport provider. Also on Route 9 and Route 4 there was no radio communication equipment on a bus. In addition, on two of the buses, the equipment was installed but not used during the trips. On Route 8, radio equipment is available but there is no radio operator. Therefore, drivers use mobile phones. On Route 7, radio communication equipment is not available. HRDC, Communities Division 11

12 group will be chaired by the Legal Office with the support of the Ministry s Human Rights Unit (HRU) Co-ordinator. The OSCE will assist the HRU in its participation in this working group. Awaiting such development, under the supervision of the MoTC, the transport provider is responsible to recruit and train appropriate local personnel for operational efficiency and ensure that their performance is up to professional standards. 31 On all routes, interviewed passengers expressed satisfaction concerning the professionalism 32 and politeness of drivers and conductors. Drivers are perceived as helpful in accommodating passengers needs, providing information, and fulfilling requests for additional stops when possible. However, on Route 17 some passengers complained that the driver does not do enough to prevent smoking on the bus. On the same route, some drivers were occasionally reported as being rude to passengers. Generally drivers, conductors and passengers speak Serbian and no communication problems are reported. On the assessed routes few if any Kosovo Albanians use humanitarian buses. The service is predominantly used by Kosovo Serbs and members of other minority communities who speak Serbian, particularly persons belonging to the Roma, Ashkali and Egyptian communities. It is worth noting that on Route 14 during the monitored trip there were two Kosovo Albanian passengers in the bus and the driver spoke with them in the Albanian language. 4.5 Bus accessibility, stops and signage According to the Arrangement, the MoTC is responsible to ensure that all information regarding transportation services is available in the Albanian, Serbian and English languages, including: information about transportation routes, fees and time schedules; signage; and administrative instructions and regulations. It is advisable that the Arrangement or information on the Arrangement is made available to passengers in these languages. The PISG obligations concerning the use of languages are further specified in the AoK Law No. 02/L-37 on the Use of Languages, as promulgated by UNMIK Regulation No. 2006/51. However, on all routes, no written information is displayed or available inside or outside the buses. When written information is displayed, this is insufficient and it is not available in all official languages. On Route 13, information is posted only regarding the number of seats and the maximum weight of luggage that passengers can carry inside the bus. The information is available in the Serbian language only. On Route 14, the only information noticed was inside the bus. It had been posted some years ago, written in the Serbian language only, and specifies only the maximum number of passengers allowed on the bus. Reportedly, passengers obtain oral information from drivers and conductors when they request it. 31 General Long Term Agreement between the MoTC and Kolasin Prevoz, August 2006, Annex 1, page As to the drivers skills passengers express positive remarks and consider bus staff professional. On Route 14 the driver has been working as such for more than twenty years. On Route 11 the driver demonstrated skills in driving the bus during peak traffic hours without any incident or inconvenience for the passengers. On Route 13 the driver also demonstrated good driving skills (no problems experienced on steep road or at slippery ground). HRDC, Communities Division 12

13 The distance that passengers have to walk or travel from their homes to bus stops varies significantly from one route to another. 33 Humanitarian transport is easily accessible on most of the routes, where passengers do not have to walk distances longer than 500 meters. Yet on Route 17 some passengers have to walk or travel very long distances (sometimes up to ten kilometres) to the bus stop. 34 On Route 7 many passengers walk three and a half kilometres in order to reach the bus stop and on Route 8 some people have to walk three to four kilometres. 35 Although bus stops are not clearly indicated by signs, passengers are still aware of their exact location and wait for the bus there. Reportedly, only on Route 17 are all bus stops clearly marked. On Route 1 bus stops are clearly marked at least in Gračanica/Graçanicë town. Usually, bus stops are appropriately situated in the centre of the villages and towns, in visible locations, although without signs. In some occasions, drivers are able to satisfy passengers demands and may stop to pick up and drop off passengers according to their needs at nondesignated bus stops. However, some issues concerning the possibility for buses to pull over and stop at the designated bus stops are raised by both drivers and passengers. On Route 1 they complain about the location of the bus stop in Gračanica/Graçanicë. Usually, there is a large number of vehicles parked at the bus stop and buses cannot park properly and have to stop on the road. This obstructs the proper functioning of the service. The Kosovo Police Service (KPS) has even fined the bus drivers in some occasions. Furthermore, in January 2007, bus drivers on Routes 13 and 14 expressed concern related to the fact that since December 2006 the KPS had started to prevent humanitarian buses from stationing in front of the orthodox church in Gjilan/Gnjilane. Buses used to stop there for a short time, approximately minutes, to allow passengers to embark and disembark Punctuality On most routes, 37 passengers confirmed, and the OSCE MTs observed, that buses are usually on time and even sometimes ahead of schedule depending on the traffic. Delays are very rare and 33 Humanitarian transport on Routes 1, 3, 4, 9, 11, 12, 13, and 14 is assessed as accessible. On Routes 11 and 1 transport is accessible as the bus stops are in the middle of the villages, and passengers can get off at other locations if necessary. On Route 1, the MT observed that the drivers were very flexible and used a few stops within one village. In that way they have satisfied the needs of the majority of passengers. On Route 14 transport is also assessed as accessible, except in the case of Koretište/Koretishtë, where the bus does not stop into the village but rather picks up/drops passengers off at a location (a main ring road in Gjilan/Gnjilane) which is at about 20 minutes walking distance from the village. 34 The route operates from and to Viti/Vitina municipality, a large geographical area with a dispersed Kosovo Serb population. 35 In particular in the villages of Kosh/Koš, Oprashkë/Opraška and Tuçep/Tucep. 36 Reportedly, KPS is forcing drivers to leave the place immediately, not even allowing buses to stay for five minutes. While KPS maintain that this is a no-parking area, it is the hub of humanitarian transportation in Gjilan/Gnjilane and such measure makes the service less accessible to beneficiaries. According to interviewed drivers, one year ago managers of the humanitarian bus service reached an agreement with UNMIK Police, which allowed such 15-minute stationing. 37 Routes 1, 7, 8, 11, 12, 13, 14, and 17. HRDC, Communities Division 13

14 usually caused by bus breakdowns only. On Route 8, except for some stoning incidents in Runik/Rudnik which caused delays in the past, no significant delays were reported. On Routes 9 and 4, buses generally depart on time. However, it was brought to the attention of the MTs by some passengers that long delays usually occur on the way back, when the driver needs to request the assistance of an additional bus to transport the passengers which exceed the number of available seats on the regular bus. The request for an extra bus is usually made ad hoc, because there is no system to know in advance the number of passengers that would return to Rahovec/Orahovac and Velika Hoča/Hoça e Madhe. 4.7 Affordability Along most of the routes, passengers pay fairly affordable bus tickets. The ticket s price ranges approximately between 0.30 and 0.70 Euro. However, on Route 9 the ticket price is approximately 1.20 Euro, and on Route 17 it costs 3.00 Euro. On Routes 7 and 8, reportedly passengers do not pay and may use the bus free of charge. Along all routes, elderly persons above 65 years, children under 10 years, persons with physical and mental disabilities, and social cases are exempted from payment. In addition, on Route 12, Zhegër/Žegra internally displaced people (IDP) are also exempted from paying bus tickets. During the reporting period, the OSCE became aware of the fact that the MCO in Rahovec/Orahovac had set up a system in which access to humanitarian transportation was conditioned to the payment of 1.00 Euro fee on a monthly basis. This affected Kosovo Serbs residing in Velika Hoča/Hoçë e Madhe (700 persons) and Upper Rahovec/Orahovac (500 persons) who use Routes 4 and 9. In order to obtain explanations, the OSCE MT in Rahovec/Orahovac contacted the MCO. The MCO justified the introduction of this fee with the need to collect funds for the payment of waste disposal service. Following a contract signed with the Rahovec/Orahovac municipality, the Public Utility Company Ambienti provides waste disposal service in these two locations but residents belonging to minority communities have refused to pay any fee for it. Therefore, the municipality had to pay Ambienti the agreed sum without receiving any revenue from a number of service users. Hence, the fee of 1.00 Euro imposed by the MCO was used by the municipality pay outstanding debts related to the waste disposal service. Once informed of this practice, the MT intervened with the MCO to remind that the reservation of seats on humanitarian buses managed by the PISG is not subject to any type of fees. Passengers are requested to pay applicable bus tickets only to the bus conductors. Therefore, the MT advised the MCO to discontinue this practice immediately and seek alternative solutions with regard to generating funds for the involved public services. At the end of March 2007, the MCO stopped this practice. This positive development was also the result of passengers reactions. The OSCE will continue to monitor the situation to ensure that such practice is not resumed. HRDC, Communities Division 14

15 4.8 Complaints and suggestions of beneficiaries All public institutions providing services are also obliged to guarantee access to effective remedies 38 and allow the submission of complaints by users who allege that their rights or interests have been violated during the provision of such services. This is also relevant to the public humanitarian transportation managed by the MoTC as part of its mandate to support the provision of humanitarian and other special services in the sector of road transport of persons and goods. 39 Under the Arrangement, (t)he PISG will address human rights/discrimination complaints related to the Arrangement, in accordance with the applicable law; and to collect statistical data on minority communities; conduct annual reviews of the Humanitarian Transport Project (HPT); and provide training to Ministry staff on anti-discrimination and human rights (Art. 3.6). The establishment of an appropriate complaint and request procedure may facilitate collecting valuable inputs from passengers, remedy inadequate practices when applicable, and ensure that the service adequately responds to the manifested needs. The MTs observations show that passengers tend to make requests and complaints verbally to the drivers and bus conductors, but do not address the PISG, municipal authorities or the service provider directly in writing. Passengers are reluctant to file formal complaints due to their scepticism towards the effective response of the institutions in charge. Moreover, on some routes 40 passengers are not aware to whom they should address their concerns and what is the complaint procedure. Thus the general tendency among beneficiaries to complain only verbally to drivers is coupled with a lack of awareness or will to submit written requests or complaints to the service providers and to the responsible PISG the MoTC or the municipality. In particular, passengers lack practical information to whom they should submit a request and how to formalise their complaints. 41 Nonetheless, during the assessed period some verbal and informal complaints have been raised on several routes. On Route 14, passengers most frequent complaint concerns the fact that the bus does not stop in Koretište/Koretishtë; on Route 8, the biggest problem is the fact that the bus is overcrowded; on Route 12, some passengers consider the frequency of the humanitarian transport insufficient and would like to have more buses per day and the bus running at least one more day per week. On Routes 9 and 4 on one occasion a complaint has been addressed to the MCO regarding the insufficient provision of service The AoK Law No. 02/L-28 on the Administrative Procedure, as promulgated by UNMIK Regulation No. 2006/33, contains rules regarding complaint procedures applicable to all PISG. 39 Annex VIII, paragraph (x) of UNMIK Regulation No. 2001/9 on the Executive Branch of the Provisional Institutions of Self-Government in Kosovo. 40 Routes 1 and For instance, on Route 3 passengers use to complain verbally regarding the untidy condition of the bus and the lack of air-conditioning. However, no formal complain has been submitted and, according to the driver, people seem persuaded any such complaint has to be addressed to the UNDP, and new buses should be provided for the next summer. Similarly, on Route 17 reportedly a complaint procedure is in place in which passengers may address their concerns to the manager; nonetheless, no information on this procedure is provided to the beneficiaries. This has caused some confusion in that passengers forward complaints to the service provider. 42 On 5 January 2007, passengers complained that on the way back to Rahovec/Orahovac the convoy was blocked for two hours until the requested additional bus arrived. HRDC, Communities Division 15

16 4.9 Passenger flow, service availability and frequency From January to March 2007, the humanitarian bus service managed by the PISG has ensured the transportation of 73,440 passengers. 43 This means an average of 24,480 passengers per month. During the same period of 2006, when UNMIK was managing the service, there had been a similar, though slightly higher, number of passengers: 81,484 or 27,161 per month. 44 On Route 11, there are usually around 45 passengers on the bus. At the beginning of the month when pensioners go to Gjilan/Gnjilane to collect their pensions and during the holidays (i.e. Christmas time) the number of passengers rises up to 130 per day. The bus service is used mostly by women around 65 years of age. Nevertheless, the number of passengers from both sexes and all ages rises before and during holidays. 45 On Route 14, the number of seats appears sufficient to meet the demand (50 seats and 15 standing places). Only on Monday mornings and Friday afternoons is the bus full due to school children going to school in Gračanica/Graçanicë, and it may happen that some passengers have to stand. During the other days there are passengers per trip. On Route 13, the number of seats also seems sufficient to meet the need (50 seats and 15 standing places). However, approximately twice a month some passengers have to stand. The flow of passengers was estimated to be around 75 passengers per trip during the assessed period. On Route 8, usually all 52 seats are taken and people have to stand. On Route 3, the mini-bus has 20 seats and, according to the driver, on a regular day it is usually full with passengers. On Route 9, in the course of the weekly observations from 19 December 2006 to 13 January 2007 during the eight round trips the bus transported an average from passengers (bus capacity of 52 plus 2 seats). This means at least standing passengers per trip. On 23 December 2006 and 13 January 2007 the two buses operating along Route 4, transported an average of passengers each with some passengers standing. 46 During the monitored period, a total of 226 passengers used one of the buses along Route 12, with an average of 75.3 passengers per round trip. The majority of these passengers were women (58.8% or 133) and 41.2% of passengers (93) were men. On the days of service (Monday and Friday) on Route 17 around one hundred passengers travel from Klokot/Kllokot to Mitrovicë/Mitrovica North, and on Fridays from Mitrovicë/Mitrovica North to Klokot/Kllokot. In reverse directions, on Mondays there are around 30 passengers in 43 In particular, there were 24,803 passengers in January, 23,946 in February and 24,691 in March Source: Kolasin Prevoz, Monthly Reports January, February and March In particular, there were 28,047 in January, 24,836 in February and 28,601 passengers in March Source: UNMIK DCA, Field Operations Unit, Humanitarian Bus Project. General Operational Report, Section 3, Operational Statistics 2006, 31 July During the reporting period there were many school-aged children on the bus due to the school holiday. 46 The trip on 19 January 2007 was not monitored by the OSCE MTs due to overbooking. HRDC, Communities Division 16

17 total. The majority of passengers are students, mostly males, between the age of 18 and 25 attending the university in Mitrovicë/Mitrovica North. Other passengers include teachers or private individuals travelling to Mitrovicë/Mitrovica North for other reasons. Thus, the route is primarily designed to accommodate Kosovo Serb university students travelling to and from Mitrovicë/Mitrovica North. Due to the high number of students using the service, particularly at the beginning and at the end of academic semesters, an extra bus should be available to ensure transportation for all students. On Route 7, the total number of beneficiaries during the assessed period is about 400. The number of passengers using the bus fluctuates between per trip. 47 The frequency of the service differs from one route to another. On Route 11, buses operate three times a day; on Route14, once daily; on Routes 13, 8, 9, 12, and 17, twice per week; on Routes 3 and 7, once per week; on Route 1, four times per week (working days, except Thursdays), twice per day. The service from Gračanica/Graçanicë to Babin Most/Babimoc is provided by two buses operating at the same time along alternative routes. On Route 4, the service frequency is only twice per month each second Saturday, However, two buses are used and beneficiaries needs are met. Overall, on most routes 48 there are informal demands for modifying and/or expanding the frequency of the humanitarian transport in order to meet the needs of the passengers. This is a positive indicator that the service is essential to ensuring freedom of movement and enables access to basic rights and services such as education. On Route 11, most passengers assess the service frequency as sufficient yet some would like to have more buses per day and the bus running at least one more day per week. On Route 14, according to some passengers, the bus, frequency is not sufficient. They would like to have more buses on the same route because people use this route to access the school, the hospital, shops, the post office and other essential services in Gračanica/Graçanicë. On Route 13, based on the number of passengers, the bus capacity seems sufficient to cover the demand. In a discussion with some of the beneficiaries, the MT was told that more frequent trips to Gjilan/Gnjilane town would be needed. However, according to the information provided by the driver, and having in mind the other two routes (Mondays and Fridays) covering some of the villages from this route, the service frequency seems sufficient to meet the passengers demand. On Route 8, the bus runs twice per week (on Tuesday and Friday). Reportedly, both passengers and the driver stated they would like the frequency to be modified so that the bus runs three times a week, namely on Monday, Wednesday and Friday. Moreover, the fact that the bus runs on Tuesday is considered as very unpractical for children attending the school in 47 The average number of beneficiaries from each village during a single trip is as follows: Drsnik/Dresnik, 10; Klinë/Klina, 15; Vidanja/Vidajë, 15; Grabac/Grabc, 15; Klinavac/Klinafc, 7; and Biča/Binxhë, Needs are allegedly met and service frequency assessed as sufficient along Routes 3, 4, and 17. HRDC, Communities Division 17

18 Mitrovicë/Mitrovica North, since it makes it difficult for them to come back home during the weekends. The most frequent humanitarian transport service operates on Route 1, in which the bus circulates twice per day four times per week (all working days except Thursdays). Actually from Gračanica/Graçanicë to Babin Most/Babimoc two buses operate at the same time along alternative routes. Despite that fact, buses are very often overcrowded. Therefore passengers and service staff suggest an additional bus to be used. The single bus available on Route 9 appears insufficient for covering the demand. Upon request, the service provider sends additional buses. Requests for additional buses are more frequent during holidays. The MT became aware that seats are booked in advance through the MCO in Rahovec/Orahovac. On both Routes 9 and 4, passengers are requesting the provision of two buses for each route: one would serve passengers from Upper Orahovac/Rahovec and the other would serve passengers from Velika Hoča/Hoçë e Madhe. 49 On Route 12, both drivers and ticket collectors remarked that the service frequency is not sufficient to meet the demand. Some passengers share this opinion and would like to have more buses per day and the bus running at least one more day per week. There are currently two buses servicing beneficiaries. Passengers who pay tickets enter the first bus while elderly, beneficiaries of social assistance, and the Zhegër/Žegra IDPs go into the second bus. As to route modifications, such a need has been identified along several existing routes. On Route 14, a modification is needed in order to better accommodate the passengers travelling from the village of Koretište/Koretishtë. 50 It is also worth noting the de facto modification that occurred on Route 1. There are always two buses serving this route at the same time. One of them takes a detour through a secondary road to cover a number of villages 51 before finishing the tour in Babin Most/Babimoc together with the second bus, which follows the main regional road. This detour is not registered in the official list of bus lines and was added in order to serve the needs better. Sometimes it happens that only one bus is available and then it gets overcrowded. On 23 January 2007, the MCO in Prishtinë/Priština informed the MT of a request from residents of Donja Brnjica/Bërnicë e Poshtme that the existing humanitarian Routes 1 52 and 5 53 are 49 At the time of monitoring, this request had not been formalised and conveyed yet to the relevant institutions. Nevertheless, during the holiday season due to the large number of travellers, the service provider ensured two buses on Route Currently, the bus does not go into the Koretište/Koretishtë village but rather picks up/drops passengers on the Gjilan/Gnjilane ring road. From the ring road, it takes about 20 minute to walk to the village through a majority area. There have been no reported incidents, but some people feel the distance is excessive. 51 Crkvena Vodica/Caravodicë and Janjina Voda. The latter location is not included in the official names of villages as contained in UNMIK Administrative Direction No. 2004/23 implementing UNMIK Regulation No. 2000/43, as amended, On the Number, Names and Boundaries of Municipalities. 52 Babin Most/Babimoc (OB) - Miloševo/Milloshevë (OB) - Gračanica/Graçanicë (PR) - Miloševo/Milloshevë (OB) - Babin Most/Babimoc (OB). HRDC, Communities Division 18